Presenter: Luke Bennett
Title: Standing safely at the edge: risk, law and the landscape sublime
Abstract: Writing in 1792, in a statement encapsulating the Romantic landscape sublime, Jean- Jacques Rousseau declared “I must have torrents, fir trees, black woods, mountains to climb or descend, and rugged roads with precipices on either side to alarm me”. But less often mentioned is his caveat that “a great part of my amusement in these steep rocks is [that] they cause a giddiness and swimming in my head which I am particularly fond of, provided I am in safety.” As Edmund Burke put it, “terror is a passion which always produces delight when it does not press too close.” For the Romantic sublime was not an unmitigated embrace of “delicious terror” (Coates 1998). This paper will consider this safety-consciousness at the heart of sublime engagement with landscape, by suggesting that much of the Romantic sublime remains embedded within what, at first glance seems its antithesis: contemporary ‘health ‘n’ safety’ culture. The paper will pursue this argument by a textual analysis of the reasoning and asides of senior judiciary in a spate of legal cases culminating in the House of Lords decision in Tomlinson vs Congleton Borough Council in 2003. In these cases we see a deep seated belief that opportunity to congress with the landscape sublime is a public good, worthy of legal protection and something to be balanced alongside appropriate provision of edge protection in the countryside.